Below you will find a brief overview of the issues that relate to what are known as intentional torts in California. You will also find information regarding the types of damages that can be recovered by someone who has been intentionally harmed. Anyone who has suffered in this manner needs to obtain the help of experienced San Diego personal injury lawyers as soon as possible.
Intentional Torts in California – A Brief Overview
There are many different types of conduct that would be considered intentional torts in California. One of the most common is battery. Battery is defined by the law as any unwanted or uninvited physical contact with another person that leads to injuries suffered by a plaintiff in a lawsuit. There are other intentional torts as well including assault, sexual battery and false imprisonment.
California personal injury lawsuits that are filed after someone has committed an intentional tort are somewhat similar to negligence cases in that the injured plaintiff must prove that the defendant acted in the manner alleged, that this conduct caused the injuries suffered and that the plaintiff suffered actual damages as a result of these actions.
However, there are important differences in place as well, and the biggest difference between a claim for an intentional act and one for a negligent act centers on the presence of intent. When someone sues another person for assault, battery, false imprisonment or some other intentional tort, that plaintiff must prove that the defendant intended to act in that manner. The defendant does not always need to have intended to inflict serious injuries so long as injuries were suffered.
Why Proving Intent is Important
There are several reasons as to why proving intent on the part of the defendant is important, but perhaps the most tangible reason revolves around the question of damages. If someone proves that a defendant acted intentionally and therefore caused serious injuries, that plaintiff could pursue punitive damages in addition to the compensatory damages that compensate for such losses as medical costs, lost income and pain and suffering.
If you or someone you love has been deliberately harmed by the intentional actions of someone else, you need to seek the help of San Diego personal injury lawyers who have been holding those responsible for this type of harm accountable for many years. Contact the Mitchell | Gilleon Law Firm today to schedule a free initial consultation.
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